RESOLUTION NO. 24-81
Resolution Of The City Council Of The City Of Emeryville Adopting The Program Guidelines For The Emeryville Accessible Living Initiative WHEREAS, on December 12, 2022, the City Council adopted Resolution No. 22-159 adopting the 2023-2031 Housing Element of the City of Emeryville General Plan (the “Housing Element”); and
WHEREAS, the Housing Element established Goal #2: Conserve and improve the condition of the existing housing stock to enhance the livability of neighborhoods for all residents, and Policy H-2-1: Facilitate the rehabilitation of the City’s existing housing stock to correct housing deficiencies, increase useful life, and increase accessibility for all residents; and
WHEREAS, pursuant to Health and Safety Code 50470 et seq., the California Department of Housing and Community Development (State) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to as the Prohousing Incentive Pilot Program or “PIP”); and
WHEREAS, on February 21, 2023, the City Council of the City of Emeryville authorized the City Manager to submit a PIP grant application package to the State, for eligible activities toward planning and implementation activities related to housing and community development; and
WHEREAS, on May 9, 2023, the State issued a notice of award to the City of Emeryville in the amount fo $575,000 to implement eligible activities related to housing and community development; and
WHEREAS, on January 25, 2024, the City and State entered into a Standard Agreement for the City of Emeryville to implement a residential accessibility program and invoice the State for reimbursement on all eligible expenses related to the PIP program by March 31, 2025, and complete all work by June 30, 2025; and
WHEREAS, to establish policies governing applicant eligibility, eligible activities, loan terms, expenditure of funds, and monitoring requirements the City has prepared program guidelines for the Emeryville Accessible Living Initiative (EALI) (the “”EALI Guidelines”); now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville hereby approves the EALI Guidelines in substantial form as attached as Exhibit A to this resolution, be it further RESOLVED, that the City Council of the City of Emeryville authorizes the City Manager to make modifications to the EALI Guidelines from time to time as needed to effectuate their purpose.
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Resolution No. 24-81
EALI Guidelines
City Council Meeting | June 18, 2024
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, June 18, 2024, by the following vote:
AYES: 4 Mayor Welch and Council Members Bauters, Kaur and Priforce NOES: 1 Vice Mayor Mourra
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK SPECIAL COUNSEL
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Increasing accessibility for seniors and people with disabilities residing in Emeryville.
Program Guidelines
Adopted June __, 2024
Funding provided by the California Department of Housing and Community Development Prohousing Incentive Pilot Initiative
Exhibit A
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Table of Contents
1. Introduction 2
2. Objective 2
3. Applicant Eligibility 3
4. Eligible and Ineligible Properties 3
Eligible Properties
Ineligible Properties
5. Eligible and Ineligible Activities 4
Eligible Activities
Ineligible Activities
6. Financing 6
Loan Funds Available
Contingency & Change Orders
Funding Terms
Loan Fees
7. Application Process 8
Application
Evaluation Criteria
Underwriting
8. Loan Closing Requirements 13
Loan Documents
Contractor Requirements
Construction Contract
Property Insurance
Building Permits
9. Other Program Requirements 15
Timeline
State Prevailing Wage
Inspections
Change Orders/Change of Scope/Cost Over-runs
Tenant Protection Requirements
Compliance Monitoring
Exception
Default and Foreclosure
Program Complaints and Appeal Procedures
10. Disbursement Requirements 18
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1. Introduction
Emeryville received an award of $575,000 in Prohousing Incentive Pilot Funds in 2023 and has designated the funds to support the creation of an Accessibility and Aging in Place Residential Improvement Program (Accessibility Program), now called the Emeryville Accessible Living Initiative (EALI). The objective of the Accessibility Program is to make accessibility modifications in individual homeowners’ homes, and in the common areas of multiunit buildings, to address the needs of disabled individuals residing at (or visiting) the property or those senior residents seeking to age in place. This initiative is supported by the following two existing City plans:
• 2022 Age Friendly Action Plan Housing Domain Action Step #2: Increase awareness and utilization of housing rehab programs that focus on the accessibility improvements targeted for senior homeowners and tenants. • 2023-2031 Housing Element Goal #2: Conserve and improve the condition of the existing housing stock to enhance the livability of neighborhoods for all residents.
Policy H-2-1: Facilitate the rehabilitation of the City’s existing housing stock to correct housing deficiencies, increase useful life, and increase accessibility for all residents.
Funding for this program comes from the California Housing and Community Development (HCD) Department’s Prohousing Incentive Pilot, codified in California Health and Safety Code Chapter 2.5 Sections 50470 through 50475. The program will be operated consistently with the statute, HCD’s published Prohousing Incentive Guidelines dated December 2022, and the grant agreement executed January 25, 2024, in addition to these guidelines. Funding available from this source for this program is expected to total $500,000.
2. Objective
The objective of EALI is to make homes more accessible, safer, and more comfortable for people with disabilities and/or movement restrictions. EALI is not a remodeling program or maintenance funding, but rather a program for making housing in Emeryville more accessible..
As people age, they become predisposed to multiple chronic conditions that can lead to diminished functional capacity. For older people to remain independent, their housing must accommodate their changes in ability. Improving the accessibility of Emeryville’s housing will also support socialization critical to aging in place as well as community building, as residents with disabilities and/or mobility limitations can visit friends and families in more locations.
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3. Applicant Eligibility
Funds in this program will only be issued as loans and only to the current owner of the property. The owner should plan to execute the agreements needed to make the loan, likely to include a Loan Agreement, a Promissory Note and a Deed of Trust.
Borrowers must fit one of the following eligibility categories:
• Individual homeowners who are either 62 or older or who have a physical or sensory disability (Homeowners). Homeowners are also eligible if their unit is occupied by a tenant who requires these improvements and will need to agree to tenant protections.
• Homeowners Associations (HOAs)
• Owners of multiunit rental property that are subject to recorded affordability requirements enforceable by a local, state or federal government agency, lasting at least 5 more years from the completion of accessibility improvements (Affordable Rental Property).
4. Eligible & Ineligible Properties
Properties must be located in Emeryville, California. Properties that are located in both Emeryville and Oakland, California will be considered on a case-by-case basis.
Eligible Properties
• Single Family Homes
• 1-4 Unit Homes
• Condominium Units
• Multi-unit Condominium Property
• Multi-unit Rental Property
Ineligible Properties
• Properties listed for sale
• Properties in foreclosure or bankruptcy proceedings
• Properties with tax or code enforcement liens
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5. Eligible & Ineligible Activities
All improvements must be permanent in nature, attached to the property, and be consistent with any applicable building code standards. HOA and Affordable Rental Property applicants are encouraged to think broadly about property improvements that will make the common areas of the building more accessible for current and future residents with physical or sensory disabilities as well as residents encountering limitations associated with aging. Homeowners are encouraged to think about their current and future needs.
The American Association of Retired Persons (AARP) developed a Home Fit guide that includes many ideas for making a residence safer and more comfortable for aging in place, which borrowers can choose to consult if it is helpful for their planning purposes.
Please note that although many of the improvements described in this brochure are eligible for this program (grab bars, lighting, shelving, raised appliances, and more), many are not capital improvements and are therefore not eligible for this program (mostly furnishings, like wastebaskets, chairs, small appliances, serving trays, etc.) https://www.aarp.org/livable-communities/housing/info-2020/homefit-guide.html Applicants may propose items from the list of eligible activities on the list below as well as items not on this list if they achieve specific accessibility improvements for the property and residents. Proposed activities not on the list below must be consistent with the program objective and are subject to approval at the City’s sole discretion. Applicants are encouraged to prioritize improvements that will have the greatest benefits for residents. The City may require the borrower to hire a qualified construction project manager depending on the scope and complexity of the rehabilitation activities proposed and the borrower’s experience.
A building permit is required for all work that falls under the scope of the California Building Codes.
Eligible Activities
Homeowners
Homeowners are eligible to apply for funding for improvements to their own homes.
Eligible capital improvements for a homeowner’s individual condominium or house include:
• Non-slip, evenly textured flooring, and floor coverings • Handrails
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• Ramps or stair lifts
• Easy to open windows
• Adequate and even lighting throughout and in task areas like the kitchen sink and counters
• Motion sensor night lights
• Accessible kitchen or bathroom cabinetry and counters • Lever hardware for doors
• Bath: walk-in or no threshold shower (with appropriate drainage), permanently installed grab bars, handheld/adjustable showerhead, permanently installed shower seat (not flip down style, which can be a safety hazard), ADA compliant toilet, glow in the dark light switches
• Kitchen: ADA compliant appliances
• Doorbells with adjustable volume and strobe signaler
• Improvements to exterior areas for safety and accessibility, if the improvements are to the homeowner’s individual property (not an HOA common area) • Architect or design services for accessibility improvements, if required • Installed smart home systems that do not require a monthly service fee HOAs and Affordable Rental Property Owners
HOAs and Affordable Rental Property Owners are eligible to apply for funding for accessibility improvements in interior or exterior common areas. Capital improvements for interior and exterior common areas in multiunit housing include:
• New or improved indoor and outdoor lighting – sufficient and consistent light levels, reduction of glare
• Non-slip, evenly textured flooring and walking surfaces and exterior pedestrian paths
• Weather protection for exterior stairs
• Easy to open windows
• Handrails on pathways
• Common area bathrooms ADA compliance
• Doors – easy open and automatic open, lever door handles • Interior and exterior wayfinding signage
• Access ramps or stair lifts
• Strobe light or vibrator-assisted smoke and security alarms • Accessible elevator improvements
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• Architect or design services for accessibility improvements if required Ineligible Activities
The following project activities are ineligible:
• Projects that would require relocation of residents
• Improvements already funded by other federal, state, municipal, or private sources, grants, or as part of an insurance claim, settlement, or similar • Work that has already commenced at time of application submittal, review, or approval
• New construction
• Non-capital expenses. I.e. social services, operating costs including monthly fees of any kind, rent subsidies, furnishings, window treatments, etc. • Routine property maintenance, such as painting, roofing, elevator maintenance, landscape maintenance, etc.
• Repairs that are cosmetic in nature with no accessibility improvement • Landscaping other than for creation or repair of exterior pedestrian routes • Any work completed without necessary permits or inconsistent with any applicable code
• Any activity that does not meet the program’s intent of increasing housing accessibility
NOTE: The California Building Code includes certain accessibility improvement requirements for multiunit residential buildings, applicable to both common areas and individual condominium units. These requirements address both the sequence in which certain accessibility improvements are completed, as well as the way they are completed.
The City of Emeryville Building Department requires the involvement of a licensed design professional in the permit process for multiunit buildings but may waive this requirement for very small or simple projects. All applicants are encouraged to work with a licensed design professional to identify and design the desired improvements. The involvement of a licensed design professional will be critical to qualifying for a building permit within the program’s timeline, identified below.
6. Financing
Loan Funds Available
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Approximately $500,000 will be made available in loan funds to support the program.
The Homeowner pool is $300,000 and the HOA/Affordable Rental Property Pool is $200,000. Based on applications submitted during the application window, the City may shift funds from one pool to another to ensure all funds are committed to eligible projects that can meet the expenditure deadline.
Homeowner Loan Pool
• The maximum amount of the loan will be $15,000.
HOAs and Affordable Rental Properties Loan Pool
• The maximum loan available will be the lesser of:
o $45,000 or
o 50% of the cost of improvements.
HOA and Affordable Rental Housing Borrowers must cover at least 50% of the cost of the improvements from project reserves or other funding they obtain for this purpose. Loans will be authorized based on the projected cost of improvements, and funds disbursed will be based on the actual cost of improvements.
HOA and Affordable Rental Properties Example(s):
• A property has $40,000 of eligible work to be done. The maximum amount of the loan is $20,000 (= 50% of the cost, which is less than the $45,000 limit). • A property has $110,000 of eligible work to be done. The maximum amount of the loan is $45,000 (50% is $55,000, which exceeds the $45,000 limit.
Contingency and Change Orders
All proposed budgets must include a 15% cost contingency line item to allow for the uncertainties inherent in rehabilitation, and will be considered an eligible project cost.
Borrowers should not expect that the City will increase the loan amount over the limits described above regardless of actual costs incurred. Use of the contingency line to address change orders must be approved on a case-by-case basis by the City during construction.
Funding Terms
Homeowners
• Funding will take the form of a secured, deferred loan with 3% simple interest accruing for a 5-year period. Interest will not accrue after 5 years. The loan can be DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Page | 8
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repaid at any time without prepayment penalty. Otherwise, principal and accrued interest will become due at property sale or transfer.
• The homeowner’s annual income will be evaluated in the underwriting process.
For Homeowners who have an income at or below 80% of area median income at the time the loan is made, the loan and accrued interest will be forgiven 10 years after the improvements have been completed if the home has not been sold or transferred during the 10 year period.
• Homeowners will be required to agree to restrictions, in the event the property is occupied by a tenant, on rent increases for a period of 5 years after the accessibility improvements have been made, so that the EALI does not support the displacement of tenants.
HOAs
• Funding will be provided as a 3% simple interest loan, with a 10-year amortization period and bi-annual payments. These loans will be secured by a pledge of assessments through a written agreement and a UCC filing.
Affordable Rental Properties
• Funds will be provided as a deferred, 3% interest, secured loan. Repayment will be deferred until property sale or transfer, and forgiven after 10 years if the property has not been sold or transferred.
Loan Fees
Loan fees must be paid by the borrower at the time of closing or included in the loan.
Loan fees may include:
• Title reports (Cost varies based on size of loan)
• Recording Fees (Cost varies, approximately $300)
7. Application Process
Application
The City will accept applications from Homeowners, HOAs, and Affordable Rental Properties during a defined initial application period. Applications will first be marked with the date and time of submittal, and then reviewed for completeness. Due to the State’s spending deadlines for the funds, the City will reject substantially incomplete applications.
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All applications submitted in the initial application period will be reviewed and ranked by the criteria described below at the same time to determine the first and potentially only round of awards. The City intends to fund at least 4 HOAs/Affordable Rental Properties and at least 15 Homeowner accessibility improvements and may pause funding one type or the other in order to ensure those goals are met. All applications from Homeowners will be reviewed together according to the same criteria, and all applications from HOAs and Affordable Rental Properties will be grouped together for review.
The following is a list of required documents to be uploaded as attachments to an application by applicant type:
Homeowners
• Verification of Property Insurance
• Household and Income Self-Certification
• At least 2 cost estimates by a qualified person, including the anticipated timeline for completion of improvements
• Current Photographs of location of proposed improvements • Documentation of who prepared cost estimates, showing they are qualified (i.e..
Licensed contractor, design professional, etc.)
• Statement of qualifications for licensed design profession (if consulted) • Exception Request (optional)
HOAs
• Verification of Property Insurance
• CC&Rs and Bylaws, including any amendments
• Verification of Board approval to apply and receive funds (must be submitted prior to loan closing)
• Cost Estimate by a qualified person showing the anticipated timeline for completion of modifications
• Current Photographs of location of proposed improvements • Qualifications of person who prepared cost estimate
• Resume or Statement of qualifications of person or team that will be managing the project
• Most recent reserve study or similar study
• Documentation of project reserves and/or any other source of funding for the 50% of the project cost to be paid by applicant
• Physical Needs Assessment (Optional - if available)
• Title Report from within 30 days of application (Optional - if available) DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Page | 10
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• Qualifications from licensed design professional (Optional - if consulted) Affordable Rental Housing:
• Verification of Property Insurance
• Affordable Housing Regulatory Agreement
• Grant Deed
• Evidence of Property Control through a deed
• Cost Estimate by a qualified person including the anticipated timeline for completing the modifications
• Current Photographs of location of proposed improvements • Qualifications of person who prepared cost estimate
• Resume or Statement of qualifications of person or team that will be managing the project
• Documentation of project reserves and/or any other source of funding for the 50% of the project cost to be paid by applicant
o Most recent audited financial statement for the property, if available, otherwise an operating budget and the amount of reserves • Physical Needs Assessment (Optional - if available)
• Title Report from within 30 days of application (Optional - if available) • Qualifications from licensed design professional (Optional - if consulted) Evaluation Criteria
All applications will be assessed by:
• The relationship between the needed improvements and their impact on the activities of daily living. Improvements for immediate health and safety needs will be prioritized.
• The appropriateness of the proposed budget for the proposed activities. Proposals that have a realistic funding plan will be prioritized. • There will be a priority for improvements that can realistically be largely completed by March 31, 2025, in order to ensure compliance with the State’s funding requirements.
Homeowners
In addition to the criteria above Homeowners' income will also be taken into consideration when ranking applications. Homeowners with annual incomes at or below 80% of Area Median Income for their applicable household size will be the highest priority, followed by homeowners with incomes between 80% and 120%. Homeowners with incomes above 120% of Area Median Income will be the third level of priority.
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Evaluation Criteria Max Points
Impact of needed improvements on health, safety, and activities of daily living (projects constructed before 1992 without substantial updates will score higher)
40 Appropriateness of proposed budget 15
Ability to be largely complete by March 2025 and to have drawn all the funds by June 30, 2025 (projects that do not require building permits will score higher).
30 Documented applicant Income category at application, with a priority for funding lower income applicants:
• Below 80% AMI
• Between 80 – 120% AMI
• Above 120% AMI
15 Total 100
In order to be considered for additional points related to having a lower income, applicants will be required to submit a copy of their last filed tax return provided by the Internal Revenue Service (IRS) and/or other income documentation. Applicants who do not wish to share this information can still apply to the program and will be included in the 120% of AMI and above category.
In the event that two or more applications receive the same numerical score the proposal that was submitted at an earlier date and time will take priority.
HOAs and Affordable Rental Properties
In addition, HOAs and Affordable Rental Properties will be evaluated based on • The number of households who will be served by the improvements • The amount of leverage through either reserves or other methods, whether it exceeds the 50% required and if so, by how much. Developments demonstrating more leveraged funds will be rated more highly.
Evaluation Criteria Max Points
Impact of needed improvements on health, safety, and activities of daily living (projects constructed before 1992 without substantial updates will score higher)
25 Appropriateness of proposed budget 15
Ability to be largely complete by March 2025 and to have drawn all the funds by June 30, 2025 (projects that do not require building permits will score higher)
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Number of households who will benefit (calculated as the number of households in the building in or around which common area improvements are completed)
20 Leverage in excess of 50% of project costs 15
Total 100
In the event that two or more applications receive the same numerical score the proposal that was submitted at an earlier date and time will take priority.
Underwriting
HOAs
• The City may deny a loan request if the applicant has provided false or erroneous information or failed to complete the application process in a timely manner.
Affordable Rental Property Owners
• The City may deny a loan request if the applicant has provided false or erroneous information or failed to complete the application process in a timely manner, or if there are any unresolved clouds to the property’s title at the time of applying for a loan from the City. Examples of clouds to title include, but are not limited to, persons or entities named on title who have not signed the loan application, persons named on title that are deceased, tax liens against the property for nonpayment of taxes of any kind, and mechanics liens filed against the property.
8. Loan Closing Requirements
Once applicants receive a notice of award, staff will work with the applicant to prepare the project for loan closing. The following items will be required to move forward with loan closing:
Loan Documents
The following loan documents are made a part of the EALI Loan Documents package and must be executed by the borrower(s) prior to the Notice to Proceed:
• Loan Agreement
• Deed of Trust(s)
• Promissory Note(s)
• Truth in Lending Statement, if applicable
• Notice of Right‐to Cancel
• Request for Notice of Default and Sale
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• Certification of Trustee, if applicable
• Subordination agreements if required or consent of other lenders, if required Contractor Requirements
Contractor selection and management is the responsibility of the borrower. The City will not identify, recommend, or enter into contracts with the borrower’s selected contractor.
The City cannot be responsible for the contractor’s performance and whether the borrower is satisfied with their work.
Borrower must ensure the selected contractor meets the following criteria:
• The contractor must hold a current, appropriate, and valid State of California Contractor’s license.
• The contractor must be in good standing with the State of California. • The contractor cannot be on the State or Federal Contractor’s debarred list. • The contractor must have a City of Emeryville business license. • The contractor must have current and valid General Liability and Worker’s Compensation Insurance.
Construction Contract
After the Borrower has selected a contractor that meets the contractor requirements, the owner and contractor will enter into a construction contract which identifies the start and completion dates, description of work, contract amount, schedule of payments, bid, and other contractual items, and provide a copy of the fully executed contract to the City prior to loan closing. If the timeline in the contract is different than the timeline in the application, it must still be completed within the program’s required timeline specified in Section 9 of these guidelines in order to be eligible.
Property Insurance
Borrower for loans must agree to maintain hazard and fire insurance on the property for the term of the City’s loan. The insurance must be an amount adequate to cover all encumbrances on the property. The insurer must identify the City as Loss Payee for the amount of the City’s loan(s). The applicant must provide a copy of the insurance binder to the City. If the borrower does not bring the policy current within 60 days from the expiration date of the policy, the City may declare its loan due and payable. The City may, at its option, extend this sixty (60) day period in special circumstances.
Building Permits
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All scopes of work will be reviewed by the Building Department to determine the requirement for Building Permit(s). Not all eligible activities require a Building Permit.
Applicants should work with a qualified professional to determine if a building permit may be required when developing the scope of work. The scope of work will determine the cost of the building permit fee. The cost of the building permit is eligible for reimbursement from EALI loan. Building permits must be issued in the name of the Contractor. For projects that require a Building permit, the Building Permit must be issued prior to the Borrower issuing a Notice to Proceed.
9. Other Program Requirements
Timeline
All loans agreements and any related documents must be executed by the borrower on or before January 31, 2025, and all work must be completed, and funds disbursed by June 30, 2025. Construction delays beyond that point will be considered loan default and expenses incurred after June 30, 2025, will not be eligible for loan funds. The Prohousing Incentive grant requires the City to invoice the state for all funds by March 31, 2025, and for all work to be complete by June 30, 2025.
State Prevailing Wage
The contractor must follow all State and Federal regulations regarding prevailing wages, if applicable. Borrowers are advised that only single-family homes are exempt from Prevailing Wage requirements, and that projects in multi-family developments must pay Prevailing Wage.
Information about California’s Prevailing Wage Requirements is available online at the Department of Industrial Relations’ website: https://www.dir.ca.gov/publicworks/prevailing-wage.html. Prevailing Wage requirements are administered by the Department of Industrial Relations and any questions about compliance should be referred to that Department. If Prevailing Wage applies to the borrower’s project, the budget should assume paying the applicable wages.
Inspections
Initial Inspection
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All EALI scopes of work will be reviewed by City staff or a third-party consultant hired by the City. An initial inspection of the property might be required to confirm the scope of work and to determine if the scope of work triggers compliance with the building code for work not identified in the EALI scope of work. Please note that for all common area improvements, an accessible route to the area must exist in order to be eligible.
Subsequent Inspections
The City will determine when subsequent inspections need to occur based on the scope of work. The contractor will be responsible for coordinating with the City to have the project inspected.
Changes Orders/Changes in Scope/Cost Over-Runs
Any changes to the approved scope of work after loan closing must be reviewed and approved by the City before additional funds can be drawn. The borrower will be responsible for any cost overruns in excess of the approved loan amount.
Tenant Protection Requirements
Homeowners seeking accessibility improvements to the interior of a unit that is tenant occupied will be required to notify the tenant(s) of EALI scope of work, timeline of work to completed and subsequent tenant protections available to them. No rent increases are allowed from the time the application has been submitted until 12 months post completion of work, evidenced by Notice of Completion. Tenants shall not be required to relocate during the EALI work to be performed and shall be protected from rent increases greater than five percent (5%) once per year from the adoption of the EALI program guidelines via deed restrictions for a period of 5 years. Violations of these requirements will be considered a loan default.
Compliance Monitoring
Homeowners
All Homeowner recipients will be required annually to confirm the occupancy status of the home and that the home remains insured while the loan remains outstanding. Within the first 5 years of the loan, tenant occupied properties will also be required to confirm the rental rate for the unit.
HOAs and Affordable Rental Housing
All HOAs and Affordable Rental Housing borrowers will be required to confirm the property remains insured while the loan remains outstanding.
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Exceptions
The City Manager has the sole authority to waive any of the guidelines, on a case-by-case basis, based on the facts of the situation, if deemed necessary to achieve the program objectives described above. Applicants can submit a request for waiver with their application.
Default and Foreclosure
If a borrower defaults on an EALI loan, and foreclosure procedures are instituted, the City will conduct them in accordance with State law.
Program Complaint and Appeal Procedure
Complaints by City residents, property owners or program participants regarding EALI should be made in writing to the City’s Community Development Director, Chadrick Smalley, [email protected]. Any complaint filed must state with specificity the facts and circumstances giving rise to the complaint and the requested relief or action to be taken by the City to address the complaint. Any such complaint must be filed within six (6) months of the date of the incident, event or occurrence giving rise to the problem.
Upon receipt of a complaint filed in a timely manner the Director will review the facts and circumstances giving rise to the complaint and undertake such additional investigation into the complaint as the Director believes is necessary and shall then issue a decision in writing to the complainant in a timely manner. The Director will endeavor to issue a decision regarding the complaint in sixty (60) days.
If the matter is not resolved to the satisfaction of the complainant, the complainant may submit a written appeal of the decision of the Director addressed to the City Council of the City of Emeryville in accordance with Chapter 4 of Title 1 of the Emeryville Municipal Code. As provided by Section 1‐4.02 of the Emeryville Municipal Code, the appeal of the decision of the Director must be filed with the Emeryville City Clerk no later than fifteen (15) days after the date of the mailing of the Director’s decision to the complainant.
Further, as required by Section 1‐4.03 of the Emeryville Municipal Code, the notice of appeal shall contain a statement of the facts upon which the appeal is based and the relief requested in sufficient detail to enable the City Council to understand the nature of the controversy and the parties concerned. Thereafter City staff will forward the notice of appeal and the record or report regarding the matter in dispute to the Emeryville City Council at their next regular meeting. The complainant will be provided notice of the time, date and place of such meeting of the City Council. At that meeting the City Council will decide whether to dismiss the appeal or to set a date and time for a hearing to consider the appeal and shall provide notice of the hearing to the complainant and any DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Page | 17
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other interested parties. The decision of the City Council after the conclusion of the hearing shall be final and conclusive.
Public Records Act
Reserved.
10. Disbursement Requirements
In order for a borrower to request disbursement of EALI funds, the borrower must have closed on the EALI loan. Disbursement requests received by the Community Development Department by Noon on a Thursday, will be reviewed for approval, and upon approval the Department of Finance will mail out a check to the Borrower on Wednesday, 13 calendar days after the Thursday’s deadline (See example below).
Payment Schedule Example (January 2025):
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2
Disbursement
Deadline (A)
3 4
5 6 7 8 9
Disbursement
Deadline (B)
10 11
12 13 14 15
Payment
Issued (A)
16 Disbursement
Deadline (C)
17 18
19 20 21 22
Payment
Issued (B)
23 24 25
26 27 28 29
Payment
Issued (C)
30 31
All requests for disbursement, must contain the following:
• Borrower authorization for disbursement of loan proceeds for work completed • Contractor Invoice for work completed
• Lien Release, if required
• Inspection report, if required
• EALI Program Survey
HOA and Affordable Rental Properties only must also:
• Submit verification of 50% of the project costs paid from another funding source.
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67